GUNASEKARAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal is filed under Sec. 374(2) of the Code of Criminal Procedure assailing the judgment dtd. 25/4/2017 passed in Sessions Case No.301 of 2015 on the file of learned III Additional Sessions Judge, Salem.

(2.) The brief facts, which are necessary for the disposal of this Criminal Appeal, are as follows:-

(3.) The learned Senior Counsel for the Appellant submitted that framing of the charges by the learned III Additional Sessions Judge, Salem itself was erroneous. It is a case of simple traffic accident which ought to have been tried by the Court of learned I Class Judicial Magistrate as per ScheduleII of the Cr.P.C which warrant maximum punishment of 2 years. Whereas the charges were framed as though the Driver of the State Transport Corporation Bus had wantonly indulged in the act which will result in death of the passengers of the bus and framed charges as though it attracted the offence under Ss. 304(2) and 308 of IPC. There is specific provisions in the Indian Penal Code that traffic accidents attract the offence under Sec. 304 (a) of IPC and if injuries are caused, it will attract the ingredients of Ss. 337 and 338 of IPC. While so, the learned III Additional Sessions Judge, had framed the charges as though, the Accused had committed the grave crime in the course of his regular job of driving the vehicle. Based on the charges under Ss. 304 (2) and 308 of IPC, the Accused had been convicted and sentenced to undergo the period of imprisonment for 10 years of Rigorous Imprisonment and 7 years of Rigorous Imprisonment respectively which is excessive and harsh.